The internet site, MediGence.com (Hereinafter, the ‘Website’), and its corresponding mobile application(Hereinafter, the ‘Application’) are digital properties of MediGence Network Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at MediGence Inc. 937, Shore Point Court, # G313,Alameda – 94501, California, USA. (+1) 855 74 79 920. (Hereinafter, the ‘company’).
The Website and the corresponding mobile application are intended for use by individual prospective users, Body Corporate and other potential customers. (Hereinafter, the ‘User’), looking to avail medical services of various kinds. Such services shall be provided by independent Doctor/Hospital/Doctor Care Centres in respective service fields called Service Providers. The Website is engaged in the business of facilitating a communication link between patients with various diseases, disorders and health concerns, and concerned medical practitioners, chemists, diagnostic services, hospitals and other medical service providers, for the purpose of relevant medical advice, purchase of medicines, availing diagnostic services, arranging medical operations or surgeries, etc, through an online medium using websites, mobile phone applications, or any other online media. However, as a precondition to availing the services from the Website, the User has to agree that the Website, Application or Company are neither owners nor operators of the services offered on the Website/Application, but merely facilitate the coming in contact of the providers of such services and those who wants to avail them.
This ‘Terms and Conditions’ document along with the Privacy, Cancellation, and Refund policies, which have been referenced in this document form an agreement between the Company and the User.
1.1 The Website/Application is an online marketplace where Users may meet and interact with Service Providers, for their transactions. Service Providers shall regularly upload their list of services that can be provided to patients through the MediGence Website/App on a daily/weekly/monthly basis. They may also provide the Hospital/Clinical Centre’s proprietor’s name, Facilities pictures, videos, contact person’s details, best doctor profiles, location, sales details, product prices, etc to be viewed by the Patients by the Service Provider on the Website/Application. The Company hereby clarifies and the User agrees and understands that the Company is not a medical service provider of any description, and that it is only a Medical Services Aggregator/Information Provider for prospective users and other potential customers looking to avail medical services of various kinds and will not be liable for any services or lack of them by the Medical Services booked by the User. It is hereby further clarified that the Company and Service Providers are separate and independent entities and the Company does not work as representative or agent of the Service Provider. By making a reservation/booking at the listed Dotors/Hospitals/ or Doctor Care Centre the User enters into commercial/ contractual terms as offered by and agreed to between Service Provider and the User alone.
1.2 The Company shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Service Provider. In no event, shall the Company be made a party to dispute between User(s) and Service Provider(s).
1.3 This Site is only to be used by an individual or a representative of a corporate entity in his/her capacity as a representative of such corporate entity for the purposes of such corporate entity. User shall not distribute exchange, modify, sell or transmit anything you copy from the Website/Application, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
1.4 As long as the User complies with the terms of these Terms and Conditions of Use, Company grants you a non-exclusive, non-transferable, limited right to enter, view and use this Website/Application. The User agrees not to interrupt or attempt to interrupt the operation of this Website/Application in any manner whatsoever.
1.5 Access to certain areas of the Website/Application may only be available to registered Users. To become a registered User, one may be required to answer certain questions or provide certain details. Answers to such questions or details required may be mandatory and/or optional. Users represent and warrant that all information they supply to the Company through the Website/Application, about themselves, and their respective corporate entities, are true and accurate.
2.1 All materials on the Website/Application, including but not limited to audio, images, software, text, icons and such like (the "Content"), are protected by copyright under international conventions and copyright laws. You cannot use the Content for any purpose, except as specified herein.
2.2 User agrees to follow all instructions so provided on this Website/Application limiting the way he/she may use the Content.
2.3 There are a number of proprietary logos, service marks and trademarks found on this Website/Application whether owned/used by the Company or any other third party. By displaying them on this Site, the Company is not granting anyone any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
The Website/ Application may at the Company’s sole discretion, contain links to sites owned and maintained by persons or entities other than the Company. The Company may also provide links to the other sites for purpose of enabling the User to make payment to the Company. Any of the foregoing links do not constitute an endorsement by the Company of any such sites and are provided only as a convenience. The Company is not responsible for the content or links displayed on such sites. The Company is not responsible for the privacy practices of such sites which The Company does not own, manage or control. The Company does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website/ Application may be linked and the Company shall not be responsible for any deficiency thereof. The Company does not endorse any or all of the materials, Services, and services available on such linked sites, and the Company expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User's own risk.
4.1 The Company may add, change, discontinue or remove content from the Website or Application, and may even change these terms and conditions, as and when deemed necessary, including for ensuring security of the Website or Application, or ther properties of the Company or its affiliates.
4.2 Company reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.
4.3 No waiver by Company of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
4.4 The User agrees not to upload content that :
4.5 The Company reserves the right to delete, modify or add content without prior or later notice and without explanations and/or reason.
4.6 You hereby grant the Company and its affiliates a free of charge, irrevocable, permanent, transferable, fully sub-licensable and worldwide right to use your Content in any form and in any medium which is now known or devised at a later date.
4.7 The User agrees not to collect, assemble, and/or publish in any way other users' or Service Providers’ data and/or other information.
5.1 Bookings shall be made through the Website/Application, and the payments may also be made though the Payment Gateway set up on the Website/Application by the Company.
5.2 The Company shall act as a limited sole payment collection agent; the payments as agreed upon between the Company and the Service Provider(s), shall be routed to the respective Service Providers by the Company.
5.3 User would also have the option to pay directly to the service provider with the prior intimation to the company on the fees paid.
5.4 Bill To Company
5.4.1 The Company allows booking of various Medical related Services through its website on a ‘Bill to Company’ Basis, meaning thereby that that it may allow such services’ bookings on a credit basis if the User’s organisation/company submits a ‘Letter of Authorization’ for Bill to company or Direct Billing’ containing details like names of all individuals authorized to sign, name of the individual who will receive and approve the statement, types of charges for which the User’s company had agreed, guaranteed volume of bookings, etc and other details as the Company deems fit.
5.4.2 The statement of account shall be sent by the Company to the User’s organisation/company on a timely basis for clearance.
5.4.3 The Company shall provide the statements of account to the User’s organisation/company on a timely basis for clearance.
5.4.4 All credit facilities shall be suspended until full payment is received from the User’s organisation/company. In case of default or delay in payments, the Company shall decide whether to re-instate the ‘Bill to company or Direct Billing’ privileges for such User’s organisation/company.
6.1 The Website, Application, and the accompanying content, software, products, trademarks such as logos etc., information, reports, pictures and graphics, are protected by copyright, trademark, and other laws of the India and foreign countries, and are protected by national and international laws and agreements, and are the exclusive property of the Company and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, or Application.
6.2 Subject to your compliance with the terms and conditions of these Terms, the Company grants you a limited, non-exclusive, non-transferable license, to access and view any content on the Website or Application solely for your Requirement for Medical Service purposes. You have no right to sublicense the license rights granted in this section.
6.3 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website, Application, or content thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.
6.4 Any kind of copying, duplication, distribution, commercial exploitation, modification, adding and/or deletion is prohibited, including the integration of any content on external websites, for example through interlinks, deeplinks, or frames.
7.1 The Company shall act as a limited sole payment collection agent for the Service Providers and its liability, if any, shall not extend to any issues beyond that role.
7.2 The Company shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website/ Application or any of the information, software, services and related graphics contained within the Website/ Application or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if the Company has been advised of the possibility of damages.
7.3 Notwithstanding anything to the contrary contained herein or elsewhere, the Company's entire liability to the user for any claim arising out of purchasing/browsing the website/application shall be limited to the amount equivalent to the price paid for the product and services giving rise to such claim.
8.1 The Company does not vouch for the quality or lack thereof, of services provided by any Service Provider listed on the Website/Application, that the User shall engage or hire or appoint pursuant to or resulting from, the material available in the Website/Application.
8.2 The Website/Application may contain errors in the content uploaded by the Company that may have crept in despite extreme care and cautiousness. The Company shall bear no liability for such errors, and may make changes, add/remove content from the Website/Application, as and when it deems fit.
8.3 The Company will not be liable to the User or to any other entity, corporate or otherwise, for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site.
9.1 The terms of this agreement shall be governed under the prevailing laws in the Indian Republic and the State of Delhi. It is agreed that any dispute of whatsoever nature between MediGence and the Hospital/Clinical Centre/Doctor will be subject to exclusive jurisdiction of courts of Delhi whether they be Civil or Criminal Courts, Labour Courts, Industrial Tribunals or any other courts or authority of whatsoever nature.
9.2 Any failure, delay or forbearance on the part of the Company in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by the Company of any right, power or privilege preclude any other future exercise or enforcement thereof.
The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.